Search Rutgers Law Library N.J. Court Opinions

16 CHARLES CAMERON v. ROY B. EWING -- rank: 831

... determine the percentage of the debt properly subject to execution. N.J.S.A. 2A:17-56. I. The facts are undisputed. Plaintiffs filed a complaint in ... and garnishment, in accordance with the limitations set forth in N.J.S.A. 2A:17-56. See Zavodnick v. Leven , 340 N.J. Super. 94 , 103 ... 17-64 is subject to the percentage limitations found in N.J.S.A. 2A:17-56. Id. at 58. The court may exercise its discretion in ...

docket:	a3628-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-08
status:	published
citation:	424 N.J. Super. 396 38 A.3d 611
Document Size:	39948

17 S.W. v. E.W. -- rank: 812

... that Judge Corson abused his discretion when he relied on N.J.S.A. 2A:17-56.67 to emancipate M.W. on her twenty-third birthday ... We must first point out that although Judge Corson mentioned N.J.S.A. 2A:17-56.67, he explicitly stated, 'this opinion does not address this ... that Judge Corson abused his discretion when he relied on N.J.S.A. 2A:17-56.676 was raised for the first time on appeal, we ... secondary education will ordinarily remain unemancipated, unless the child 6 N.J.S.A. 2A:17-56.67 provides, '[u]nless otherwise provided in a court order ... age unless' a parent presents 'sufficient proof' of specified circumstances. N.J.S.A. 2A:17- 56.67(a)-(c). In any event, the Act mandates that ... law when a child reaches [twenty-three] years of age.' N.J.S.A. 2A:17-56.67(e). When a child reaches that age, a ...

docket:	a0168-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-07
status:	Unpublished
citation:
Document Size:	23899

18 DAVID A. FORMAN v. AMY LEVENSON -- rank: 805

... on remand. The applicable legal standards are set forth in N.J.S.A. 2A:17-56.8 and Rule 5:7-4A(a). The statute provides ... the court finds good cause for establishing an alternative arrangement. [N.J.S.A. 2A:17-56.8.] Similarly, Rule 5:7-4A(a) states: '[a]ll ... Similarly, the judge's order should have included this notice. N.J.S.A. 2A:17-56.8 establishes: Every complaint, notice or pleading for the entry ... shall include the following written notice: [i]n accordance with N.J.S.A. 2A:17-56.7a[], the child support provisions of a court order are ... children.' Ricci, 448 N.J. Super. at 572; see also N.J.S.A. 2A:17-56.67(a) (providing that 'a child support obligation shall terminate ... was preparing to graduate from high school. Plaintiff notes that N.J.S.A. 2A:17-56.67(c) provides that '[a] parent responsible for paying ...

docket:	a0238-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-22
status:	Unpublished
citation:
Document Size:	57464

19 MINDY JACOBSON v. UNITED STATES OF AMERICA -- rank: 799

... of the income garnishment order to the SSA pursuant to N.J.S.A. 2A:17-56.9 and Rule 5:7-5, although the SSA has ... her complaint, plaintiff's theory of liability was predicated on N.J.S.A. 2A:17-56.11, which provides that a "payor" who fails to "withhold ... 05; pre-judgment interest of $6,515.94 pursuant to N.J.S.A. 2A:17-56.11 and Rule 4.42-11(a)(iii); and attorney ... appeal, the Government primarily argues that plaintiff's claim under N.J.S.A. 2A:17-56.11 is barred by sovereign immunity, as Congress did not ... garnishment order as to any income owed the supporting parent. N.J.S.A. 2A:17-56.8. If the person or entity required to pay the ... supporting parent for the amount that should have been withheld. N.J.S.A. 2A:17-56.11. Thus, since the SSA was a "payor" within ...

docket:	a1605-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-18
status:	published
citation:	422 N.J. Super. 561 29 A.3d 1103
Document Size:	46127

20 KRISTEN BESSINGER v. ANTHONY MICHAEL KLICH -- rank: 792

... retroactive modification of the child support obligation was prohibited by N.J.S.A. 2A:17-56.23a. Plaintiff argued that, under the statute, modification of defendant ... eliminating defendant's child support obligation retroactive to June 2005. N.J.S.A. 2A:17-56.23a provides in pertinent part that: [n]o payment or ... established prior to or subsequent to the effective date of [ N.J.S.A. 2A:17-56.23a], shall be retroactively modified by the court except with ... the limitations on retroactive modifications of child support obligations in N.J.S.A. 2A:17-56.23a does not apply when the support obligation relates to ... be obligated to pay. The limitation on retroactive modification in N.J.S.A. 2A:17-56.23a clearly applies to this situation and the trial court ... determined he was disabled. We disagree. The legislative mandate in N.J.S.A. 2A:17-56.23a may not be disregarded based on the court' ...

docket:	a1107-09
court:	superior court appellate division
decided:	2010-08-17
status:	unpublished
citation:
Document Size:	30333

21 DAVID BRICKER v. PAM KOBRIN -- rank: 792

... include other related costs and fees, . . . [and] attorney's fees." N.J.S.A. 2A:17-56.52. A child support order is "a civil money judgment." N.J.S.A. 2A:17-56.7a to -56.25, establishes severe penalties for failure to pay child support. See e.g. N.J.S.A. 2A:17-56.20. Generally, a court order for child support is enforced via income withholding, N.J.S.A. 2A:17-56.8, and is collected through the probation department. N.J.S.A. 2A:17-56.13. A professional or motor vehicle license may be revoked for failure to pay child support. N.J.S.A. 2A:17-56.41. The purpose and effect of the statute is ...

docket:	a1597-08
court:	superior court appellate division
decided:	2010-05-21
status:	unpublished
citation:
Document Size:	56335

22 LAURA PERRY BENCIVENGA v. BARRETT D. BENCIVENGA -- rank: 776

... parties to provide financial maintenance for R.B. pursuant to N.J.S.A. 2A:17- 56.67(f)(2) and (3). On appeal, plaintiff argues the ... from defendant for financial maintenance for R.B., pursuant to N.J.S.A. 2A:17-56.67(f)(2) and (3); to establish a special needs ... parties should provide financial maintenance for R.B. pursuant to N.J.S.A. 2A:17-56-6(f)(2) and (3). Plaintiff contends R.B. has ... 34-23. The law was significantly changed in 2016 when N.J.S.A. 2A:17-56.67 was enacted to create an automatic termination of support ... even when the child has a mental or physical disability. N.J.S.A. 2A:17-56.67(e)(2). However, if a parent needs to obtain ... of R.B.'s incapacities triggering consideration and application of N.J.S.A. 2A:17-56.67 and 2A:34-23(a) through A-0484- ...

docket:	a0484-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-08
status:	Unpublished
citation:
Document Size:	29141

23 BONITA M. LERRO v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES -- rank: 776

... D requirements, New Jersey established its State case registry under N.J.S.A. 2A:17-56.58. Consistent with federal regulations, the statute requires the registry ... order, including arrearages, interest or late payment penalties and fees." N.J.S.A. 2A:17-56.58(a)(1). A cooperative agreement between DHS and the ... g) provides in pertinent part as follows: In accordance with N.J.S.A. 2A:17-56.23a, past-due child support payments are a judgment by ... individuals. The New Jersey Child Support Program Improvement Act (CSPIA), N.J.S.A. 2A:17-56.7a to -56.25, was enacted in response to the ... to Title IV-D such as the child support registry. N.J.S.A. 2A:17-56.7b(a). Through the CSPIA, the legislature intended to maximize ...

docket:	a0910-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-17
status:	unpublished
citation:
Document Size:	43410

24 EDWARD D. CLEMENTI v. AJA CLEMENTI -- rank: 766

... any automatic reduction in plaintiff's child support obligations contravenes N.J.S.A. 2A:17-56.68. We again disagree. A-0550-20 25 N.J.S.A. 2A:17-56.67(a) provides for the termination of child support by ... in a court order, judgment, or court-approved preexisting agreement . . . .' N.J.S.A. 2A:17-56.68(a) provides: Whenever there is an unallocated child support ... the children is terminated by operation of law pursuant to [N.J.S.A. 2A:17-56.67], the amount of the child support obligation in effect ...

docket:	a0550-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-16
status:	Unpublished
citation:
Document Size:	61077

25 IN THE MATTER OF JOHN P. WARNOCK -- rank: 763

... New Jersey Child Support Improvement Act (Support Improvement Act), pertinently N.J.S.A. 2A:17-56.53 and N.J.S.A. 2A:17-56.57, which authorizes the Department of Human Services (DHS) to ... authority to '[s]ecure assets to satisfy [child support] arrearages[.]' N.J.S.A. 2A:17-56.53(g). 'The [Support Improvement Act] authorizes DHS to conduct ... 340 N.J. Super. 549, 550 (App. Div. 2001) (citing N.J.S.A. 2A:17-56.53(g)(2), -56.57(d)). As an administrative agency ... are being made.' Id. at 551 (alteration in original) (quoting N.J.S.A. 2A:17-56.57(a)). Once OCSS effectuates a bank levy freezing access ... that he or she may contest OCSS's action. See N.J.S.A. 2A:17-56.57(d). Here, OCSS had the statutory authority to ...

docket:	a2724-18
court:	NJ Superior Court Appellate Division
decided:	2020-12-03
status:	Unpublished
citation:
Document Size:	11366

26 MARY L. DIEMER v. ROY R. DIEMER -- rank: 747

... she was entitled to no support. He also noted that N.J.S.A. 2A:17-56.23(a), which he interpreted to prohibit retroactive child support ... Finally, we conclude that this relief is not statutorily barred. N.J.S.A. 2A:17-56.23(a) provides that [n]o payment or installment or ...

docket:	a5249-07
court:	NJ Superior Court Appellate Division
decided:	2011-06-09
status:	unpublished
citation:
Document Size:	70569

27 PARKE BANK v. 2820 MT. EPHRAIM AVENUE LLC -- rank: 741

... s total gross income, pursuant to the wage execution statute, N.J.S.A. 2A:17-56. See Zavodnick v. Leven, 340 N.J. Super. 94 (App ... J. SUPER. 94, 773 A.2D 1170 AS APPLIED TO N.J.S.A. 2A:17-56 AND, AS MAY BE APPLICABLE, FEDERAL LAW AT 15 U ... figure to calculate the ten-percent of income on which N.J.S.A. 2A:17-56 permits a judgment creditor to execute. On this record, we ... ten percent of the attorney's profit distribution, pursuant to N.J.S.A. 2A:17-56. Unlike this case, there was also no dispute in Zavodnick ...

docket:	a5432-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-03
status:	Unpublished
citation:
Document Size:	19193

28 State v. Jamire D. Williams -- rank: 737

... that do not involve driver safety infractions. See, e.g., N.J.S.A. 2A:17-56.41(a) (authorizing the suspension of a driver’s license ...

docket:	a-4-5-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-30
status:
citation:
Document Size:	98991

29 CUMBERLAND COUNTY BOARD OF SOCIAL SERVICES ON BEHALF OF CATHERINE WRIGHT v. RICARDO DEJESUS -- rank: 737

... support judgment was docketed against defendant Ricardo DeJesus pursuant to N.J.S.A. 2A:17-56.23a. The issue on appeal is how much of the ... child support lien, is contrary to the express language of N.J.S.A. 2A:17-56.23b is a question in the first instance for the ... Court was given the lead role in interpreting and effectuating [ N.J.S.A. 2A:17-56.23b], . . . the Administrative Office of the Courts (AOC) conducted the ... challenges that procedure. The county relies on the language of N.J.S.A. 2A:17-56.23b, which says, in pertinent part, A judgment for child ... explained its position: I would further like to reemphasize that N.J.S.A. 2A:17-56.23b was enacted on August 14, 2000. It is a ... scheme may have been applicable prior to the enactment of N.J.S.A. 2A:17-56.23b. However, N.J.S.A. 2A:17-56. ...

docket:	a4592-04
court:	njappellate
decided:	2006-01-09
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	31031

30 JOANN DALY v. PETER DALY -- rank: 737

... bonds in the event the son attends graduate school violates N.J.S.A. 2A:17-56.67, and that the judge erred in speculating that the ... 544, even though the child would otherwise be emancipated under N.J.S.A. 2A:17-56.67. A trial judge determining whether a parent should A ...

docket:	a1825-18
court:	NJ Superior Court Appellate Division
decided:	2020-12-01
status:	Unpublished
citation:
Document Size:	53454